Intrusive Searches Can Prove Troublesome for Public School Officials

Abstract

Based on the U.S. Supreme Court's ruling in New Jersey v. TLO, 469 U.S. 325, 105 S.Ct. 733 (1985), public school officials acting in loco parentis (in place of parent) have the right to initiate a search based on reasonable suspicion. Reasonable suspicion is established when school officials have some evidence regarding a particular situation, including background information on a student, that would lead them to believe that their search would uncover a violation of school rules (Alexander and Alexander 1998). It is also established based on information received from students or school personnel; as long as the informant is known rather than anonymous and the information seems credible, administrative action will generally be supported by the courts. However, the Fourth Amendment to the U.S. Constitution protects all citizens against unreasonable search and seizure. Because students enjoy the same constitutional rights as adults, they are granted protection against unreasonable search and seizure in public schools. School officials face the delicate task of balancing a student's individual right to Fourth Amendment protection against their duty to provide a safe and secure environment for all students--a major challenge in cases involving intrusive searches.